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This entry was published on 2015-03-13
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SECTION 219-C
Public notice of employer violations
Labor (LAB) CHAPTER 31, ARTICLE 7
§ 219-c. Public notice of employer violations. The commissioner shall
have the following powers:

1. where an employer is found in violation of article six, nineteen or
nineteen-A of this chapter, to post and/or affix for a period not to
exceed one year a notice of no less than eight and one-half by eleven
inches in an area visible to employees summarizing the violations found
and other information deemed pertinent by the commissioner, according to
such form and manner ordered by the commissioner; and

2. where the violation is for a willful failure to pay all wages as
required by article six, nineteen, or nineteen-A of this chapter, to
post and/or affix for a period not to exceed ninety days in an area
visible to the general public, as ordered by the commissioner, a notice
of no less than eight and one-half by eleven inches as to the violations
found, according to such form and manner ordered by the commissioner.
Any person other than the commissioner or the commissioner's duly
authorized representative who removes, alters, defaces or otherwise
interferes with a notice posted and/or affixed under this section shall
be guilty of a misdemeanor.

3. where an order is issued under section two hundred eighteen of this
article that assesses a civil penalty against an employer for a
repeated, willful, or egregious violation, to direct such employer to
report, by location, and to post on the department's website, for such
period as the commissioner shall determine, (a) the number of permanent
full-time employees, the number of temporary full-time employees, the
number of permanent part-time employees, the number of temporary
part-time employees, and the number of temporary staffing agency
employees performing work for the employer; (b) the hourly rates of such
employees reported in the following brackets: the state minimum wage to
$9.99; $10.00 to $11.99; $12.00 to $14.99; and $15.00 or more; (c) the
number of employees who regularly worked the following number of hours
per week during the relevant calendar period: at least sixty; at least
fifty but fewer than sixty; at least forty but fewer than fifty; at
least thirty-five but fewer than forty; at least thirty but fewer than
thirty-five; at least twenty-five but fewer than thirty; at least twenty
but fewer than twenty-five; at least ten but fewer than twenty; at least
five but fewer than ten; fewer than five. No individual identifying
information of such employees shall be reported or otherwise disclosed
to the department. For the purposes of this section "temporary
employees" shall be those employees who are hired for a period of sixty
days or less during the relevant calendar year, full-time employees
shall be those regularly working forty hours or more per week during the
relevant calendar year, part-time employees shall be those working less
than forty hours per week during the relevant calendar year.